Rights in property for adopted child
harminder singh
(Querist) 15 September 2012
This query is : Resolved
I was adopted by my Aunt(My Biological Mother's sister) through legal papers in the prsence of My Uncle (My biological Mother's brother).I am the only son of my parents who adopted me. Everything was good till my marriage. After marriage there was a clash between my parents(who adopt me) and my wife.Now they want me to let my self out of the house with my wife and my 3 years old son and 20 days old new born son. And they do not want to give me any kind of assurance whether i have some property reserved for my future or not. Now i am only a computer operator without graduation, and my monthly income is 8000/-only. My wife is not doing job. I have two children to with survive. I personally want, to be with my parents and with my wife but now my father (who adopts me)6 months ago hit on the face of my wife and situation got worse. My wife dont want to leave the house untill they give some property to me on my name. I am badly jacked in the situation. You are requested to please let me know if there is any legal way to sort thing out so that my future will be secured
Adv.R.P.Chugh
(Expert) 15 September 2012
After adoption you came to be the son of your adoptive parents for all purposes. If they have ancestral property you came to become an equal participant in that. However if the property is self acquired - there is little that you can do, and they can successfully oust you from property if they want to. Only if they die without a will and without selling or gifting it in their lifetime do you get a right.
Advocate Bharat Chugh
*Supreme Court of India
*Delhi High Court
Guest
(Expert) 16 September 2012
Adoption has two effects. On one hands it completely uproots the adopted child from his biological family, whereas on the other it results in his absolute transplantation in the adoptive family.The adoptive parents become the parents of the adopted child for all reasons, including proprietary reasons.
If the house where you are living is the self acquired property of your adoptive parents you cannot enforce any liability against your parents. It is for the owner of the house to decide if he/she wants to give any share to you in the house or not. Self acquired property belongs absolutely to the owner. If, however, there is any ancestral property then you can enforce an equal share in the same.
Ashish Davessar
Advocate
Supreme Court of India
Punjab and Haryana High Court
